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Subd.L Recyclables means materials Section 120-5.LITTERING <br /> which may be recycled or reused The discharging or depositing of MSW Clerk by November 1st of each year for <br /> through recycling processes including on any street,alley,drive,park,play- renewal of the license for the following <br /> targeted recyclables. ground,or other public place or any pri- year.Renewal applications received on <br /> Subd.M Residential Dwelling—Any vately owned lot in the City by any per- or after November 1st will be adminis- <br /> single building consisting of four or less son is unlawful. MSW is the tered as an application for a new li- <br /> dwelling units with individual kitchen responsibility of the property owner un- cense. <br /> facilities for each. til such time as trash is collected by a li- Subd.F The City Clerk shall issue li- <br /> Subd.N Solid Waste means garbage, censed hauler. cense renewals after: <br /> refuse, sludge from a water supply Section 120-6, SCAVENGING PRO- 1.The applicant has completed and <br /> treatment plant or air contaminant HIBITED submitted all required forms and appli- <br /> treatment facility,and other discarded It is unlawful for any person to cations. <br /> waste materials and sludges, in solid, scavenge or otherwise collect MSW or 2.The applicant has provided proof of <br /> semi-solid,liquid,or contained gaseous other recyclable materials at the curb or insurance, as required under Section <br /> form, resulting from industrial, corn- from recyclable containers without a li- 120-10 of this Ordinance. <br /> mercial,mining and agricultural opera- cense from the City and an account rela- 3.The applicant has paid to the City <br /> tions, and from community activities, tionship with the owner of the premises. the required license fee. <br /> but does not include hazardous waste; Section 120-7.EXCEPTION 4.In the case of a license renewal,the <br /> animal waste used as fertilizer;earthen Nothing in this Section shall prevent Clerk has determined that the applicant <br /> fill,boulders,rock;sewage sludge;solid persons from hauling MSW or other is operating in good standing with the <br /> or dissolved material in domestic sew- waste from their own residences or busi- City by: <br /> age or other common pollutants in water ness properties, provided the following a.Verifying that all written corn- <br /> resources,such as silt,dissolved or sus- rules are observed: plaints received from residents or busi- <br /> pended solids in industrial waste water Subd.A The disposal method must in- ness owners of the City, regarding the <br /> effluents or discharges which are point sure that all waste will be deposited into applicant's service under the terms and <br /> sources subject to permits under Section a licensed, environmentally safe land conditions of the license have been re- <br /> 402 of the Federal Water Pollution Con- fill,or resource recovery facility. solved or are likely to resolved in the <br /> trol Act,as amended,dissolved materi- Subd.B That all garbage is hauled in near future. <br /> als in irrigation return flows;or source, containers that are water-tight on all b.Verifying the applicant has per- <br /> special nuclear,or by-product material sides and the bottom,and with tight-fit- formed to the standards and conditions <br /> as defined by The Atomic Energy Act of ting covers on top. of the license. <br /> 1954,as amended. Subd.C That all other refuse and recy- Subd. G The City Clerk shall issue a <br /> Subd. 0 Special Pick-Up means any clables are hauled in vehicles with leak- new license,or transfer ownership of a <br /> collection of materials other than gar- proof bodies and completely covered or license, upon completion of the follow- <br /> bage,refuse,recyclables or yard waste enclosed by canvas or other means of ing: <br /> including major appliances, furniture, material so as to completely eliminate a.Receipt from the applicant of all re- <br /> oversized materials, and construction the possibility of loss of cargo. quired forms and applications, fully <br /> debris. Subd.D That recyclables be disposed completed. <br /> Subd.P Targeted Recyclables means of at a recycling facility,an organized b.Receipt of the required proof of in- <br /> metal beverage containers, tin cans, recycling drive, or through a licensed surance,as required under Section 120- <br /> glass containers (clear, green and recycling hauler. 10. <br /> brown glass containers and excludes all Subd.E That yard waste may be corn- c.Receipt from the applicant of the <br /> window pane glass),news print,glossy posted privately,be disposed of at an ap- required license fee. <br /> magazines,corrugated cardboard,car/ proved composting facility,or through a d.In the case of an initial application <br /> tractor batteries,or other materials as licensed garbage and refuse hauler. by a new licensee,said licensee shall be <br /> Section 120-8. SOLID WASTE COL- <br /> defined by Council resolution required to deposit an investigation fee LECTION LICENSE of Five Hundred Dollars($500.00). <br /> Subd.Q Tree Waste means tree limbs, No person shall collect MSW from e.Completion of a background investi- <br /> trunks,and hard brush. residents within the City without first se- gation report determining the appli- <br /> Subd.R Yard Waste means leaves and curing a license from the City.The City cant's ability to provide adequate and <br /> grass clippings or other similar soft or- Council, in the interest of maintaining reliable service under the conditions of <br /> ganic materials. healthful and sanitary conditions in the the Ordinance. <br /> Section 120-4.DISPOSAL GENERAL- City,as well as to protect the public in- f.Approval of license issuance, or <br /> LY frastructure,hereby reserves the right transfer of license,by the city Council. <br /> Subd. A All persons are required to to limit the number of licenses to six. Section 120-10. INSURANCE RE- <br /> make adequate provisions for the sani- Section 120-9. LICENSE REQUIRE- QUIREMENT <br /> tary disposal of MSW by means of a li- MENTS An applicant must obtain all the insur- <br /> censed private collector unless they In order to avoid disruption of collec- ance required by this Section.All costs <br /> have provided for adequate means of tion services to businesses and residents and expense are the responsibility of the <br /> disposal which meets the approval of the of this City,licenses will first be made applicant.All insurance coverage is sub- <br /> City Council,and which comply with all available to those haulers in good stand- ject to the approval by the City.For a li- <br /> ordinances and regulations of the City, ing which are operating in the City at the cense to remain valid,insurance cover- <br /> County,and State. time of enactment of this ordinance.All age must be maintained by the licensee <br /> Subd. B It shall be unlawful for any persons engaged in the business of solid during the term of the license.No work <br /> person to fail to dispose of MSW that waste collection in the City must have a under this license shall be commenced <br /> may accumulate upon property owned license by December 31, 1994.Each li- until the following requirements have <br /> or occupied by a person at least once ev- censee and hauler shall be subject to the been satisfied: <br /> ery 14 days.Every person who fails or following restrictions: Subd.A The licensee shall obtain and <br /> refuses to make provisions for and se- Subd.A The license shall be valid for maintain statutory Workers'Compensa- <br /> cure disposal of such shall be guilty of a one year,and shall expire on the 31st of tion insurance and Employers'Liability <br /> misdemeanor. December each year, unless revoked insurance as required under the laws of <br /> Subd. C It shall be unlawful for any sooner. the State of Minnesota and shall hold the <br /> person to dispose of yard and tree waste Subd. B The license is non-transfer- City free and harmless from all liability <br /> into the MSW waste stream.Yard waste able,unless approved by the City Conn- from any cause that may arise by any <br /> shall be disposed of by: cil.The licensee shall not be entitled to a reason of injuries to any employee or the <br /> 1.Contracting with a licensed private refund of any license fee upon revoca- licenses. <br /> collector to haul the yard waste to a tion or voluntarily ceasing to carry on Subd.B In the event the licensee is the <br /> County approved compost site. the license activity. sole proprietor and has not elected to <br /> 2.The resident transporting the yard Subd. C An applicant for a license provide Workers' Compensation insur- <br /> waste to an approved compost site. shall make application to the City Clerk ance, the licensee shall be required to <br /> 3.Composting the yard waste on the through forms and procedures pre- execute and submit an affidavit of sole <br /> resident's property. scribed by the City Clerk.The applica- proprietorship in a form satisfactory to <br /> 4.Burning in compliance with Hugo tion for a license shall contain,as a min- the City or provide satisfactory evidence <br /> City Ordinance. imum,the following information: of self-insurance according to law. <br /> Subd. D It shall be unlawful for any 1.The name, phone number, and Subd. C The license applicant must <br /> person to permit MSW to be removed current address of the applicant. present proof of insurance on each vehi- <br /> from their property by an unauthorized 2.A list of the place or places to which cle with an insurance company licensed <br /> or unlicensed collector. the solid waste and/or recyclables are to to do business in the State of Minnesota. <br /> Subd.E Major appliances may be col- be hauled. The minimum limits of the policy shall <br /> lected by a licensed private hauler, or 3.Information about the location and be Two Hundred Thousand Dollars <br /> by a Minnesota Pollution Control Agen- method of storage of collected recycla- ($200,000.00)for bodily injuries or death <br /> cy approved appliance collector. ble materials, including evidence of of one person, and Six Hundred Thou- <br /> Subd.F Residents of residential dwell- compliance with all City,County,State, sand Dollars ($600,000.00) for any one <br /> ing units are required to separate tar- and Federal laws and regulations. accident resulting in injuries and/or <br /> geted recyclables from the waste Subd.D An annual license fee shall be death of more than one person,and a to- <br /> stream for recycling. established by resolution of the City tal of Two Hundred Thousand Dollars <br /> Subd. G It shall be unlawful for a li- Council. ($200,000.00)for damages to property of <br /> censed private collector to pick up gar- Subd. E Applications for license re- others arising out of any accident. <br /> bage and other refuse which has not had newal must be received by the City <br /> recyclables removed for separate pick <br /> up. <br />